Realization of the Human Right of Freedom of Information
failed in 8 German Federal States

Madam/Sir,

Freedom of Information also called access to public documents
is an essential aspect of transparency which is itself an
essential part of democracy. This citizens right is found in more
then 65
states
all over the world, many of which consider it as a basic
right based on their constitution.

In addition I would like to emphasize that the right to
information is part of the right to freedom of expression, which
is confirmed
by
international human rights treaties, specifically by the
International Pact of Civil and Political Rights (article 19),
and the Universal Declaration of Human rights (article 19), all
of them ratified by Germany and incorporated into German law.
German states violate this pact.

The Charter
of Fundamental Rights of the EU gives Freedom of Information
in Article 42, access to documents in Article 41 (2), the right
to complain in Article 43 (Ombudsman) and the right to fair
answers within reasonable time in Article 41 (1).

The right to access information held by public
authorities is a fundamental human right which should be given effect
at the national level through comprehensive legislation (for example
Freedom of Information Acts) based on the principle of maximum disclosure,
establishing a presumption that all information is accessible subject
only to a narrow system of exceptions.

All over Europe e. g. in Nordrhein-Westfalen
(2001 with votes of all parties also CDU), Turkey
(2003),
Switzerland
(2004), Serbia
(2004), Hamburg (2006), Bremen (2006) and Saarland (2006) all
parties contributed to laws which have been approved without
votes against Freedom of Information.

The parliaments and governments of the German federal states
(lander) in Saxony-Anhalt, Saxony,
Hesse, Bavaria, Lower
Saxony, Baden-Württemberg, Thuringia
and Rhineland-Palatinate failed to realize the citizen and human
right of Freedom of Information. These German federal states are of
the last major countries in Europe and the civilized world
without Freedom of information, falling back the international
development in civilized states and falling back bananas
republics being last of all.

20. December 2007 the
parliament of Saxony-Anhalt
adopted a FOI law. The government of Rhineland-Palatinate
is working on a FOI-law. Parliament worked out its own proposal which
passed
parliament 4. June 2008.